Negotiable Instruments Act, 1881, S. 138, 139 – Complaint did not specifically state the nature of transactions and the source of funds – Presumption under Section 139 is a statutory presumption – It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in Section 138 for discharge, in whole or in part, of any debt or other liability – Once the initial burden is discharged by the Complainant that the cheque was issued by the accused and the signature and the issuance of the cheque is not disputed – Onus will shift upon the accused to prove the contrary that the cheque was not for any debt or other liability – Once it is presumed that the cheque is issued in whole or in part of any debt or other liability which is in favour of the Complainant/holder of the cheque, in that case, it is for the accused to prove the contrary – Acquittal set aside.
Presumption u/s.139, N.I., Act, cannot be rebutted on the ground that complainant did not specifically state the nature of transactions and the source of funds.
(2023-1)209 PLR 097
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